Doctor's Duty to Inform in Rotterdam
The doctor's duty to inform requires healthcare providers in Rotterdam to clearly and fully inform patients about medical procedures, possible risks, and other options. This forms the core of informed consent, allowing Rotterdam residents to make a well-considered decision. In the field of personal injury law, this helps prevent disputes, especially in claims due to inadequate information in local hospitals such as Erasmus MC.
What Does the Doctor's Duty to Inform in Rotterdam Entail?
The doctor's duty to inform is fundamental to building trust between healthcare providers and patients in the port city. A doctor cannot simply proceed with treatment but must provide the patient with all necessary details for an informed choice. This includes explanations of the diagnosis, planned therapy, risks, side effects, alternatives, and expected outcomes. Without this, genuine consent cannot be given, which could lead to legal complications in personal injury cases in Rotterdam.
In everyday practice, it involves tailored communication: the doctor adjusts the explanation to the patient's level of understanding. For example, during a surgery in a Rotterdam hospital, the doctor not only describes the procedure but also the chances of issues like infections or follow-up care. This principle respects the patient's autonomy and prevents unnecessary harm, aligning with the busy lifestyles of many Rotterdam residents.
Legal Basis of the Duty to Inform
The doctor's duty to inform is firmly rooted in Dutch law, including the Medical Treatment Agreement Act (WGBO) and the Civil Code (BW). Article 7:448(1) BW requires the healthcare provider to inform the patient about their health status and intended actions, focusing on benefits and risks. The information must align with what a reasonable Rotterdam resident would want to know.
Article 4 of the WGBO specifies the obligation to communicate, with requirements for oral or written information about care. The KNMG Medical Professional Code supplements this: doctors must discuss risks that a normal person would take seriously. For personal injury claims, Article 6:162 BW is crucial, as it assigns liability for negligence, including information shortfalls. The Supreme Court ruling in the 'Spitaels' case (2003) emphasizes that inadequate information can lead to compensation if the patient would have refused treatment otherwise.
Practical Examples of the Duty to Inform in Rotterdam
Suppose a Rotterdam dockworker with back pain opts for surgery. The doctor must disclose the 5% risk of nerve damage, options like physical therapy in the area, and recovery time. If the doctor fails to do so and complications arise, this could constitute a breach, potentially leading to a claim at the Rotterdam District Court.
Another scenario: when prescribing medication for hypertension, the doctor warns about side effects like dizziness, which could cause falls in Rotterdam's bustling streets. In a 2020 ruling from the Rotterdam District Court, a patient received compensation because the doctor did not warn about stomach issues, resulting in hospital admission at a local facility.
During the COVID-19 crisis, the duty also applied to vaccinations in Rotterdam: doctors explained risks and effectiveness, considering factors like age or work in the port.
Rights and Obligations Related to the Duty to Inform
Rights of the Patient in Rotterdam
- Right to clear, complete information about diagnosis and care.
- Right to a second opinion if unclear, for example, through the Legal Aid Office Rotterdam.
- Right to compensation for harm caused by information breaches (via personal injury proceedings at the Rotterdam District Court).
- Right to refuse care based on the information provided.
Obligations of the Doctor
- Actively provide information without waiting for questions.
- Record information in the patient file as evidence.
- Tailor to the patient: use simple language, tools, or interpreters for diverse Rotterdam residents.
- In emergencies, give basic information, with further explanations later.
Overview of the duty to inform in various scenarios:
| Situation | Required Information | Possible Consequences of Breach |
|---|---|---|
| Planned surgery | Risks, alternatives, recovery | Personal injury claim, liability under BW |
| Medication prescription | Side effects, interactions | Damage claims under Article 6:162 BW |
| Emergency treatment | Basic information, expand later | Limited liability, except in cases of serious error |
Frequently Asked Questions about the Doctor's Duty to Inform in Rotterdam
Must a doctor always provide written information?
No, the WGBO does not require a fixed written format, but oral information must be documented in the file. For complex cases in Rotterdam clinics, written advice is wise to avoid confusion; the Legal Aid Office Rotterdam can provide guidance on this.
What if I don't understand the explanation?
You may request repetition or a simpler explanation. Demand an interpreter or second opinion. If negligence leads to harm, file a complaint with the hospital or disciplinary board, or involve the Rotterdam District Court.
Can I claim compensation for incomplete information from the doctor?
Yes, prove that you would not have chosen the care with full knowledge and that it caused injury. Contact a personal injury lawyer; use the medical file and the Legal Aid Office Rotterdam to get started.
Does the duty to inform apply in Rotterdam's emergency care?
Yes, but in acute situations, minimal information suffices during the crisis, followed by a full debrief. In cases of gross errors, you can take action via the Rotterdam Municipality or District Court.